BOWLING v. COMBS

No. 8213SC72.

298 S.E.2d 754 (1983)

Lonnie Wayne BOWLING, Sr., Administrator of the Estate of and Personal Representative of Jess Willard Bowling, Deceased v. Matthew David COMBS, Jr., J.R. Rogerson and Broughton T. Dail, Sr., t/a Hertford Supply Co.

Court of Appeals of North Carolina.

January 4, 1983.


Attorney(s) appearing for the Case

Walton, Fairley & Jess by Ray H. Walton, Southport, for plaintiff-appellee.

W.G. Smith and Bruce H. Jackson, Jr., Wilmington, for defendants-appellants.


WHICHARD, Judge.

I.

The issue is whether the court erred in allowing a motion by the decedent's widow to set aside a voluntary dismissal entered in an action for the decedent's wrongful death brought by an administrator who had purported to settle the action without either approval of a superior court judge or written consent of all parties entitled to receive the damages recovered, see G.S. 28A-13-3(a)(23); in substituting the widow, following the administrator...

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